Terms of Service
Keen Eye Marketing is a Charleston, South Carolina based media production agency specializing in top-tier photo and video marketing content, social media and brand management. We exist to make you and your marketing assets look amazing.
Scheduling: Photo/Video appointment scheduling can be made via email, phone, or online submission. We will do our best to determine the best time of day in regards to lighting and tides, however ensuring favorable conditions at the scheduled time is ultimately the responsibility of the Client.
Travel Charges: The Keen Eye studio is located at 36 Center Street in Folly Beach, South Carolina about 10 miles from downtown Charleston. Productions over 25 miles and under 50 miles from our studio (including Kiawah Island, Seabrook Island, and Awendaw) will incur an additional $50 travel fee. For productions over 50 miles away, out of state, and international projects, travel fees are determined on a case-by-case basis.
Pricing: Photography and Video rates vary according to the scope of the project and are subject to change at any time. A firm estimate will be given upon scheduling. Payment is expected 15 days from the delivery of final media. For current pricing please review or request the “Keen Eye Rate Sheet.”
Cancellations/Rescheduling: We aim to be very flexible rescheduling due to weather and other unforeseen circumstances. Any non-weather related cancellations within 24 hours of the appointment time will incur a $50 charge.
Filming/Photography: Keen Eye Marketing will dispatch its agents to film/photograph the property at the agreed upon time and date. For large photo/video/aerial jobs we may have two or more agents on-site to execute the production. Appointments typically last from 1.5-2.5 hours. The Keen Eye production team is comprised of seasoned real estate multimedia experts that understand the professionalism required when representing our Clients on location. Requests for specialty shots, including but not limited to details of fixtures, decor, and design, are not guaranteed and must be requested at the time of booking.
Liability and Insurance: Keen Eye Marketing is covered under a $2M general business liability policy that can be provided upon request or written for a specific job, Client, or agency. Drone operators are licensed with the FAA and may use their discretion if a job is deemed unsafe due to weather conditions, proximity to airports, or other circumstances. We reserve the right to refuse video/photo service for any reason.
Property Readiness: Please ensure the property is ‘shoot-ready’ upon the arrival of our production team. This means you communicate with your property owners and arrive 15-30 minutes ahead to turn on lights, declutter, etc. For a busy real estate production crew, there is nothing worse than trying to film/photograph a property that is not ready. Please coordinate with owners/residents to have lights on, property clean and staged, yard clean, all interior/exterior lights working, and vehicles out of the driveway. Our team of media producers will make minor adjustments at their discretion, however, we are not furniture movers, home stagers, house cleaners, landscapers, florists, or repairmen. Thank you for coordinating with your Clients and arriving early to prep the location before we arrive. Return Charges: Should a return trip be required due to, but not limited to, the property not being ready, changes to decor, or additional photos/videos beyond the scope of the original work, a fee of at least $150 will be applied. Keen Eye Marketing reserves the right to charge this fee at their discretion.
Delivery: It’s all about the editing. We strive to deliver photography within one (1) business day and video productions within two (2) business days for your review, however, there is no guarantee unless discussed in writing prior to the production of media. We will deliver photos through an online gallery that can be easily downloaded and shared with your Clients or agency. Video drafts will be delivered via Vimeo or YouTube with full-size final video files (in .MP4 format) delivered via WeTransfer.com or similar file sharing service.
Photography Revisions: We will do our best to edit every photograph to be as technically perfect, artistic, and multiple-offer inducing as possible, however, everyone has unique preferences in terms of contrast, exposure, saturation, and focal length. We offer one round of general revisions to above parameters free of charge, however detailed Photoshop work such as extensive airbrushing, sky replacements, removing power lines (if possible), and greening landscapes may be billed at $120/hr.
Video Revisions: Every video production receives one round of revisions free of charge. We ask that you carefully review your video draft and send a detailed list by email of all the changes you wish to see in the final version. This may include removing scenes, changing titling, different music selection, shot sequence, etc. Once we have your final revisions we will then edit, render, and deliver an MLS compliant video (with no branding or agent information) as well as a branded version with your contact information, logo, and website. As this is very time consuming, additional edits (that were not the mistake/fault of Keen Eye Marketing) will be billed at $120/hr.
Photo Publishing: Keen Eye Marketing will provide you with a private link to view and download your photo set, generally within one (1) business day. These files are delivered at approximately 4-5 megabytes in size that will enlarge at 300dpi up to 8”X10”. If you need additional, larger file sizes, (e.g. a magazine cover or print enlargement) we can deliver those at no charge within two (2) business days.
Video Publishing: We want your video to perform as well as possible online so that you get maximum short and long-term benefits from our beautiful productions. We are happy to help with questions about publishing on social media and video sites like YouTube and Vimeo, SEO, and embedding in the MLS. If you are unsure about best practices for publishing your video, please see our “10 Point Strategy for Leveraging Video Content.”
2021 License Agreement
Scope: The Keen Eye Marketing License Agreement applies to any video, photograph, graphics, digital assets, or digital images created or taken by Keen Eye Marketing or its contractors and delivered to the Client for a specific property or address. This Agreement governs the relationship between the parties and in no event shall any email communication or other exchange amend or otherwise modify the terms of this Agreement unless agreed to in writing.
Rights and License: All photos and videos and rights relating to them, including copyrights and ownership rights, remain the sole and exclusive property of Keen Eye Marketing. This license provides the Client with the limited right to reproduce, publicly display, and distribute the photos and videos only for promotional advertising purposes directly related to the sale of the property. Photos used for any purpose not directly related to the sale of the property must be with the permission/license of Keen Eye Marketing, which may incur additional fees.
Photos may be uploaded to any MLS listing service for the promotion of the property. At no time does this Agreement provide the Client the right to transfer copyright or any other exclusive rights of photos and videos. Unless otherwise specifically provided in writing or signed Agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of this Agreement or at the termination of the Client’s representation of the property, whichever occurs first. Further use of images beyond one (1) year requires Keen Eye Marketing’s permission and may incur additional fees. Rights are assigned to the Client immediately upon delivery of the photos and videos.
Exclusive license may be requested by the party commissioning the photos or videos. Photos and videos of multi-family properties, neighborhood amenities to include but not limited to pools, gyms, playgrounds, docks, and beaches, and general neighborhood overview photos and videos are owned by Keen Eye Marketing and do not maintain exclusive license. Keen Eye Marketing reserves the right to use photos internally for marketing purposes and resale through Charleston Stock Media LLC, and independent third parties.
The parties agree that the Photographer and/or Videographer is an independent contractor and that neither Keen Eye Marketing or contract personnel are, or shall be deemed to be, employees of the Client. Neither party is authorized to act as an agent or bind the other party except as expressly stated in this Agreement. Photos, videos, and any other deliverables prepared by Keen Eye Marketing and its contractors shall not be deemed a work for hire as defined under copyright law. All rights granted to the Client are contractual in nature and are expressly defined by this Agreement.
Creation: The manner and method of creating photographs or video is solely at the discretion of the Photographer and the Client has no right to control the Photographer’s manner and method of performance under this Agreement. Photographer/Videographer will use his/her best efforts to (a) ensure that photos conform to the Client’s specifications; and (b) submit all photos/videos to the Client in publishable quality, on or before the applicable deadlines.
Delivery: Photographer may select delivery of photographs in JPEG, TIFF, PNG, or other standard formats, at a resolution that Photographer determines will be suitable for the photos as licensed. It is the Client’s responsibility to verify that the photos are suitable for reproduction and if the photos are not deemed suitable, to notify the Photographer within five (5) business days. Photographer’s sole obligation will be to replace the photos at a suitable resolution but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided, Photographer is not responsible to provide images 1) larger than 8”X10” at 300 dpi or 2) in a format higher than 8-bit or in RAW format. Photographer has no obligation to retain or archive any photos delivered to Client.
Videos will be delivered in 8-bit 1080 HD as a .MP4 file using the H264 or similar codec. Full-size video files will be delivered via a file sharing service such as WeTransfer.com. Keen Eye Marketing will provide, at no charge, video hosting on internal Vimeo or YouTube accounts, and assist Clients in questions related to publishing but will not manage video publishing or social media support without a prior agreement, which may incur additional fees.
Fees: All fees and expenses payable under this Agreement are required no later than thirty (30) business days from the delivery of the photos/videos and payable irrespective of whether Client makes actual use of the media. If full payment has not been received within thirty (30) days, all rights are revoked at Photographer’s discretion and late charges will be incurred. In the event rights are revoked, all images in the possession of Client will be removed from all forms of media and permanently destroyed within ten (10) days. Client shall provide Photographer with a written statement that all images/video have been removed and destroyed.
Cancellation: Cancellation and/or rescheduling is acceptable at no charge from the time of scheduling to 24 hours prior to the shoot. Cancellations (not weather related) made within 24 hours of the scheduled shoot will incur a $50 cancellation charge.
Transfer and Assignment: Client may not assign or transfer this Agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.
Indemnification: Client will indemnify and defend Keen Eye Marketing and it’s contractors against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the photos or material furnished by Client. It is the Client’s responsibility to obtain the necessary model or property releases and ensure they are in full effect and in force.
General Law/Arbitration: This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of South Carolina. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in Charleston, South Carolina, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement,
the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Waiver: No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party or any such rights or remedies will not preclude further exercise of other rights or remedy.